ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.
Cr. Bail Appln. No. D- 22 of 2022
Date Order with signature of Hon’ble Judge
1.For orders on office objection as flag A.
2.For hearing of bail application.
05.10.2022.
Mr.Shakeel Ahmed Ansari, advocate for the applicants.
Mr. Ali Anwar Kandhro, Addl. P.G.
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NAIMATULLAH PHULPOTO-J.:- Applicants/accused Abdul Ghani and Muhammad Saleh both bycaste Langah have applied for post arrest bail in Crime No.11 of 2022 registered with P.S Miranpur for offences under Sections 324, 353, 337-A(i), 148, 149 PPC 6/7 ATA. Previously both applicants applied for same relief before learned Judge, ATC Shikarpur, same was rejected by him vide order dated 15.7.2022.
2. It is contended by learned counsel for the applicants that no role is attributed to the applicants/accused in the commission of the offence except ineffective firing. It is further submitted that there was no recovery from the possession of the applicants/accused in this case and the application of sections 324 PPC and 6/7 ATA requires further enquiry.
3. Learned Addl. P.G argued that the applicants/accused were armed with firearms and they fired upon the police party and he opposed the bail application.
4. We have heard learned counsel for the parties and perused the record. We are inclined to grant bail to the applicants/accused for the reasons that the allegation against the applicants are generalized in nature and no firearm injury was caused to any of the police officials in the incident. After arrest of the applicants/accused, no firearm was recovered from them. Application of sections 324 PPC as well as 6/7 ATA can only be determined at trial. Case against the applicants/accused requires further enquiry, therefore, applicants/accused are granted post arrest bail subject to furnishing solvent surety in the sum of Rs.100,000/= each and P.R bond in the like amount to the satisfaction of the trial Court.
Application for post arrest bail stands disposed of.
JUDGE
JUDGE
shabir